Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
30 to 60 years |
Years Imprisoned: |
16 |
Year Crime: |
1982 |
Year Convicted: |
1985 |
Year Cleared: |
2000 |
U.S. State or Country of Crime: |
West Virginia |
County or Region of Crime: |
Kanawha |
City of Crime: |
Marmet |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Larry Holdren was wrongly convicted of six counts of sexual assault in Kanawha County, West Virginia. Post-conviction DNA testing excluded Holdren. His petition to vacate his conviction and for a new trial was granted in June 1999 without opposition by the Kanawha County District Attorney's Office, and Holdren was released on bail from prison. A motion by the DA's Office to dismiss the charges was granted in January 2000. Larry Holdren filed a state lawsuit against the hospital that lost evidence in his case, and the State of West Virginia agreed to settle the case for $1.65 million in compensation and in July 2003 mailed the check to Holdren's law firm. In August 2003 Holdren sued the Charleston law firm of DiTrapano Barrett & DiPiero for the lawfirms failure to disburse the money to him plus damages. The law firm insisted they were entitled to 40% of the settlement -- $660,000, and Holdren to 60% -- $990,000. Holdren claimed that they were representing him pro bono, and out of good will he offered to pay them $75,000." |
Conviction Caused By: |
Eyewitness error |
Innocence Proved By: |
Post-conviction DNA testing excluded Holdren as the assailant. |
Defendant Aided By: |
Innocence Project NY |
Compensation Awarded: |
"$2.65 million total. $1.65 million (State of West Virginia, July 2003) and $1 million (state lawsuit against hospital that lost evidence)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
28 |
Age When Released: |
44 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Innocence Project database |
Information Location 1: |
http://www.innocenceproject.org/case/display_profile.php?id=64 |
Information Source 2: |
Actual Innocence - Exonerated Individuals whose cases involved prosecutorial misconduct |
Information Location 2: |
http://www.publicintegrity.org/pm/default.aspx?sid=sidebarsb&aid=38 |
Information Source 3: |
"Exonerated prisoner fights for compensation: Lawyers holding $1.65 million, he says, By Charles Shumaker, The Charleston Gazette (Charleston, WV), August 7, 2003" |
Information Location 3: |
https://www.highbeam.com/doc/1P2-13830739.html |
Information Source 4: |
"Man cleared on rape charge suing law firm, By Associated Press, Charleston Daily Mail, August 7, 2003" |
Information Location 4: |
https://www.highbeam.com/doc/1P2-9893811.html |
Information Source 5: |
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Information Location 5: |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org